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(영문) 부산지방법원 2013.09.26 2012구합4075

손실보상금증액 등

Text

1. The Defendant (Appointed Party) KRW 31,680,00 for Plaintiff (Appointed Party) and KRW 219,450 for Plaintiff (Appointed Party) B.

Reasons

1. Details of ruling;

(a) Authorization and Public Notice of Project Implementation - Housing Redevelopment Project (hereinafter referred to as the “instant project”) - Project Operators: Defendant - the Busan Metropolitan City Public Notice of Maritime Daegu on November 4, 2009

B. The adjudication of expropriation by the local Land Tribunal of Busan Metropolitan City on September 8, 201 and the adjudication of objection by the Central Land Tribunal on July 20, 2012 (hereinafter respectively referred to as “adjudication of expropriation”), - Land indicated in the Schedule of Land to Expropriation (hereinafter referred to as “instant land”) which is owned by the Plaintiffs and the designated parties (hereinafter referred to as “Plaintiffs, etc.”) and the attached Table 1 “List of Land to Expropriation” (hereinafter referred to as “in this case’s obstacles”): Compensation for losses: The amount of compensation in the attached Table 3’s “detailed of expropriation” and “amount of objection” was as indicated in the “amount of adjudication of expropriation” and “amount of objection”. The amount of compensation in the “amount of adjudication of expropriation” was calculated by calculating the arithmetic mean of each appraisal results of the appraisal by the appraisal corporation and the Uniform Appraisal Appraisal Corporation of Korea, the amount of compensation in this case’s “amount of adjudication” by each appraisal corporation based on the arithmetic mean average of the appraisal results by the new and future appraisal corporation at this stage.

- Commencement date of expropriation: October 20, 201

The defendant deposited both the acceptance ruling and the compensation in the objection ruling to be paid to the plaintiffs, etc.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 6, 7, 10, 11, 13, and 14, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion 1) The plaintiff's allegation that the part of damages in this case was erroneous in the designation of the rearrangement zone in this case, the establishment and authorization of the association, the project execution plan, and the approval. Nevertheless, the defendant committed a tort against the plaintiffs, etc., so the defendant filed a lawsuit against the plaintiffs, etc. (after the defendant removed and occupied the obstacles in this case, the plaintiffs